Mackay man pleads guilty to trespass, domestic violence offending

Police have arrested a father of two who repeatedly broke the law in attempts to see his children. Read why the magistrate says there is no excuse.

The man has been sentenced for his offending.

A Mackay region father who repeatedly broke the law to see his children has been told his ex-wife will “have the last laugh” if does not stop being a “pest”.

The man, who cannot be named for legal reasons, was blasted in Mackay Magistrates Court over his bad behaviour towards his former wife – the mother of their children – including using his fingers to gesture slicing a throat.

The court heard the 45 year old father was banned from visiting her home but he went anyway.

He was charged with trespassing as a domestic violence offence and subsequently with breaching a domestic violence order.

Legal Aid Queensland defence solicitor Rosemary Varley said much of her client’s offending, which included going to his ex-wife’s home on multiple occasions, was in an attempt to see his children in person.

Magistrate Bronwyn Hartigan said if he continued breaching the DVO, his children’s mother would “have the last laugh”.

“On Christmas Day, you’ve gone over (to her house) at night … and you’ve driven past, and when you’re told to leave, you yell out, ‘Get f--ked’,” Ms Hartigan told him.

“You weren’t supposed to be there, again.

“Ultimately police took up with you and you ran away from them.

“They told you to get on the ground … they restrained you.

“I can accept that emotions are very much running high around that time of year but it’s not an excuse.”

The court heard the man spent three days in the Mackay watch house and was released upon the condition he not contact his ex-wife.

He went on to breach the bail condition on December 28 and 31, January 7 and 14, and again on February 4.

Ms Varley said her client instructed he was regularly seeing a counsellor and had engaged with Lives Lived Well.

The man pleaded guilty to a string of offences including breaching bail, aggravated contravention of a domestic violence order, unlawful trespassing, minor drug-related offending and obstructing a police officer.

Police prosecutor Lennon Stathoulis said while the man was not “particularly violent”, he had previously assaulted his ex-wife and his latest offending was making him a “pest”.

Mr Stathoulis requested the man receive a suspended jail sentence as a deterrent.

For all 19 offences, Ms Hartigan fined the man $1000 and sentenced him to three months jail wholly suspended for 12 months.

“Hopefully I’ll never see you again,” she told him.

Originally published as Mackay man pleads guilty to trespass, domestic violence offending